If you’re trying to work with a third party to reach a resolution, you often have two options that are available to you with litigation and arbitration. Those who aren’t familiar with these terms might have a difficult time differentiating between the two, which is fine. Here at Atlas Law Group, we want to help you understand how each works by outlining the differences between the two so you know whether you need an arbitration or litigation lawyer in Mississauga.
Where the resolution is reached
One of the biggest differences between how arbitration and litigation work is where the resolution for the dispute is reached. Litigation is when you and the party with which you have a dispute go to court and your lawyers argue your case in front of a judge. This is most often done in a local court.
Arbitration can be conducted just about anywhere. You simply need a neutral location where you, your lawyer, and the party against whom you’ve filed a claim can meet. The resolution will not be reached in a courtroom during the arbitration.
Public vs private proceedings
As previously mentioned, litigation takes place in a public courtroom. This means that all the proceedings are going to be public records and performed in front of the general public.
For companies or individuals who would prefer not to have their business on display in a courtroom, arbitration is often a preferred method of resolving an issue. Arbitration cases are kept privately behind closed doors. A confidentiality agreement is often put in place so that what is said in the room stays in the room.
Local courts can feel like they move at a snail’s pace. This is because cases must be argued according to the schedule when the courts operate, which means the case can be stretched out over months or years. Conversely, arbitration reaches a much faster resolution because you don’t have to wait for the backlog of the courts and you can meet according to the schedule of the arbitrator.
Ability to appeal
Any decision that’s reached in a public court can be appealed through the proper channels. While it might not always be worth your time or money, it’s an option that you have available once a decision has been reached by the courts. Appeals aren’t typically allowed after the arbitration process has been completed. Both parties might agree that an appeal can be filed as a part of the final arrangement, but it’s not common.
As we mentioned before, litigation can take several years to reach a final resolution. Even then, there could be an appeal process that will take much longer. During this time, you’ll continue to pay your lawyer to do this work for you so litigation can end up being an incredibly costly experience in the end. While arbitration can take several months with preparation and arguing a case, it’s often considerably shorter than litigation in the end, which could save you a large sum of money in the end.
Get in touch for more
While both sides have their pros and cons, there are times when litigation can’t be avoided. If you’re looking for a litigation lawyer in Mississauga, get in touch with our team at Atlas Law Group. We have decades of experience both in Canada and internationally, so you know that you can count on our team to represent you to the highest capability. Give us a call at 905-502-8786 or send a message using our online contact form to schedule a consultation.